Thereafter Aberle refused to take delivery of the machines. On March 5, 1971 Speizman filed a written demand for arbitration. On March 17 and April 2 Aberle served written notice to Speizman and the American Arbitration Association of its objection to any arbitration proceedings and its conclusion that the arbitration clause in the purchase order did not provide a basis for arbitration of the dispute between the parties. The American Arbitration Association took the position that it could not, as an administrative agency, determine whether the matter was arbitrable and that it would continue to process the claim for arbitration until such time as Speizman was stayed by Court order.

The presence of nominal or formal or unnecessary parties has no controlling significance for removal purposes. Bradley v. Maryland Cas. Co., 382 F.2d 415 (8th Cir. 1967). The joinder of such parties cannot prevent removal of an action to a Federal Court. Nunn v. Feltinton, 294 F.2d 450 (5th Cir. 1961), cert. den. 369 U.S. 817, 82 S. Ct. 829, 7 L. Ed. 2d 784 (1962). The American Arbitration Association is such an unnecessary party. Clearly it has no interest in the subject matter of this action. Moreover the relief which Aberle seeks can be granted without joinder of the Association as a defendant. If Speizman is enjoined from proceeding with arbitration, then obviously the matter will not be arbitrated. Aberle itself has presented to the Court a letter from the Association stating that it will continue to process Speizman's claim only until such time as Speizman is enjoined by the Courts from proceeding further. Accordingly we find that as the Association is an unnecessary party and diversity of citizenship exists between the real parties in interest, the case has been properly removed to this Court.

We also disagree with Aberle's contention that Speizman, as an unregistered foreign corporation doing business in Pennsylvania, is precluded from moving to compel arbitration. Pennsylvania law provides that a foreign corporation transacting business within the Commonwealth without a certificate of authority may not maintain any action in any Court of the Commonwealth. 15 P.S. § 2014. This preclusion, if applicable to Speizman, would preclude it from maintaining an action in federal as well as state court. Woods v. Interstate Realty Co., 337 U.S. 535, 69 S. Ct. 1235, 93 L. Ed. 1524 (1949).

In this case, however, Speizman has not instituted an action but rather has asserted a counterclaim. The weight of authority in states having provisions similar to those of 15 P.S. § 2014 is that the statutory bar to an unregistered corporation's maintaining an action does not preclude it from asserting a counterclaim arising out of the subject matter of a plaintiff's suit. The only Pennsylvania case on point which we have found is in accord. Delaney v. M & O Coal Co., 38 North. 226 (1968). Therefore we hold that Pennsylvania's restriction on the right of unregistered corporations to maintain actions does not prevent Speizman from moving to compel arbitration.

In the light of the foregoing, we conclude that Speizman's motion to compel arbitration can be adjudicated by this Court.

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